Internet Service Provider Copyright Infringement

Along with the development of information network technology, the network service provider made more and more significant role in the dissemination of information.At the same time, more and more tort litigation caused by the Internet service providers for services providing, especially the copyright infringement litigation. Grand Literature appeals to Baidu company-a typical case that the Internet service providers afford on liability of network copyright infringement is the famous case. As a new type of typical difficult case, the case has many awkward questions to be solved. This paper is aimed at doing research about the case that the great literature appeals to Baidu company network copyright infringement, making determination of the copyright infringement of Internet service providers, carrying on discussing about disputes and disagreement about copyright infringement of Internet service providers, and trying to put forward some solutions.This paper is divided into six parts.Part1:Introduction. The purpose and significance of this research, the domestic and foreign researching situation in present and reviewing, researching methods and the paper frame.Part2:Introducing of the case. Introduces the plea of request and the reasons for the both side of plaintiff and defendant, and the court judgment and the reasons, and appeal reason and be the appellant defense.Part3:The determination of copyright infringement of network service provider. Discussing the definition and classification of Internet service providers, the constitutive requirements of Internet service providers copyright infringement combined with the case.Part4:The disputes and disagreement of the network service provider of copyright infringement. Discussing controversial issues between both parties In this case.1, Whether the network service provider may have violated the rules "notice and remove". First, plaintiff fails to give the notice, the defendant whether or not has obligations to delete piracy link?Second, whether the notice is compliant with the terms of Regulations for the Protection of Information Network Transmission Right; Third, if the network service provider accept the notice, and take necessary measures (such as delete, shielding, disconnect links etc),shall be regarded as Internet service providers existence fault.what is timely delete standard.2,The defendant whether or not apply the "safe haven" rules. First, the infringer whether knowledge or should know; Second, the infringer whether or not take necessary measures; Third, the defendant have economic interests from piracy link.3, Deep link is direct infringement?I using the server standard, the defendant is direct infringement, using the user standard the defendant belong to indirect infringement.4,Whether the defendant bear website content review obligation infringement. If the applicable standards for red flag, ruled out "safe haven" rules apply. Conversely, can be quoted "haven" exemption rules.5, The compensation amount to determine whether reasonable. Adopt the actual damage of The holder,the infringed profit, or legal compensation.Part5:The solution of copyright infringement liability of Internet service provider.Continuously revised and completed Legislation,and realize the copyright protection and network technology coordinated development;Giving full play to the government regulatory functions, realize the institutionalization and normalization of copyright protection under the network environment,; Encourage and promote scientific means to apply, realize the effective protection network copyright;Building the interactive platform, opening channels of communication;Introducing the contract management mode, balance the interests of the third prats of creators, readers and web site.Part6:Conclusions.